RAMPUKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under Section 302 read with 149, I.P.C. for causing death of Madhusudan Choudhary on 14-10-1993 at 7.45 a.m.

(2.) In order to prove its case the prosecution had examined as many as six eye witnesses; Kishore Kumar Choudhary (PW-1, Bharat Choudary (PW-2, Krishna Kumar Choudhary (PW-3, Rajendra Choudhary (PW-4, Kishav Kumar Choudhary (PW-5) and Suraj Narain Choudhary (PW-6). The accused had led the evidence of three witnesses in support of their defence that there were only five assailants of the deceased and they were all chased by the village people and killed at a place far from the place where Madhusudan was killed and that the appellants were falsely involved by the prosecution witnesses because their relations were inimical with them.

(3.) The learned trial Judge disbelieved the evidence of defence witness Amarnath Singh (DW-3) who was the Police Station Incharge of Bakhtiyarpur Police Station and who investigating the offence relating to the murders of those five assailants as his evidence was contradicted by his own case diary (Ext. 7) which had disclosed that about 10-12 persons had gone to assault Madhusudan.